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Bombay High CourtCA/9761/2019disposed offdismissed for default

Shaikh Gaful Shaikh Vajir v. The Manater H H Patel And Co Chalisgaon

2019-08-16Hon'Ble Shri Justice M. S. Karnik2 pages

{1} ca9761.19.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9761 OF 2019 IN WRIT PETITION NO. 12012 OF 2018 Shaikh Gafoor Shaikh Vajir Applicant

Versus

The Manager Respondent Mr. K.A. Ingle, Advocate for the applicant.

Mr. V.D. Salunke, Advocate for the respondent. CORAM : M.S. KARNIK, J.

DATE : 16th August, 2019.

PER COURT :

1.

This is an application by the workman for withdrawing the amount deposited by the respondent-petitioner pursuant to the award made by the Labour Court. As per the order of this Court, an amount of Rs. 34,063/- has been deposited by the respondentpetitioner. 2.

The application is opposed by the learned counsel for respondent. He would submit that if the amount is allowed to be withdrawn, it will be very difficult for respondent to recover the same in case the petition is dismissed.

3.

For the reasons mentioned in the application, civil application is allowed in terms of prayer clause 'B'. Applicant is allowed to withdraw the amount which is approximately Rs.34,000/-.

{2} ca9761.19.odt 4.

Civil application stands disposed of.

( M.S. KARNIK, J. ) dyb/